The Council will also vote on bills to better serve youth in temporary housing and foster care

City Hall, NY – With the winter months approaching and children ages 5–11 now eligible for the COVID-19 vaccine, the Council today will vote on legislation to help parents and guardians get their children vaccinated by ensuring they receive four hours of paid leave, allowing them to accompany their child to receive a COVID-19 vaccine or to care for a child experiencing temporary side effects. The time can be taken for each injection for each child, in addition to any leave parents are already entitled to under the Earned Safe and Sick Time Act.

On the backdrop of a pandemic that only worsened both the likelihood and the impacts of homelessness on New York City residents, the Council will also vote on a package of four bills to address the needs of some of the most vulnerable populations: New York City youth in temporary housing and foster care. Two pieces of legislation will specifically impact New York City students. The first bill would require the Department of Education to include kindergarten through eighth grade students’ housing status in their reporting on student health services. Because the bill would require that the data be disaggregated by student housing status, this will assist the Council in identifying unique or acute health challenges faced by students who reside in temporary housing.

A second piece of legislation would require the creation of a task force regarding the transportation of students in temporary housing. With 9.4% of the City’s entire public school population experiencing homelessness in the 2019-20 school year, despite their acknowledged right to transportation to and from school, the reality is that service remains difficult to access. Yellow bus service is not provided to students while their families are in the conditional approval period, which advocates say for most families lasts three to five weeks. While MetroCards are available during that period, families are required to return to borough offices each week to receive a new card, a burdensome hassle that is often out of reach for these families. Under this legislation, the task force made up of various stakeholders would after numerous meetings issue a report assessing barriers to arranging transportation for students in temporary housing and recommendations for addressing those barriers.

The other two pieces of legislation specifically address foster and runaway youth and their eligibility for rental assistance. One bill would allow youth who have spent time in foster care to be eligible for CityFHEPS rental assistance vouchers, counting any 90 days of the previous two years spent in foster care as time spent in shelter for purposes of determining eligibility for the vouchers. The final bill in this package would do the same for youth who have spent time in runaway and homeless youth services funded by the Department of Youth and Community Development.

Another bill before the Council today would require District Attorneys’ offices to report on criminal prosecutions. Currently, there are no requirements that the City’s District Attorneys conduct any public reporting on office function, which is why there is no uniformity in the sporadic reporting they may choose to do, and minimal data is released on prosecutorial conduct, effectively limiting oversight of District Attorneys and hindering public trust in the criminal justice process. This bill would provide increased transparency of procedural decision making by requiring the City’s District Attorney’s offices to report on the basic functioning of their offices. These public, annual reports would require each office to release various data points related to decision making at various stages of a criminal case, including data on decisions to prosecute or dismiss a case following arrest, bail recommendations, and average length of a case before a disposition. The bill would also require that the numbers in the reports be disaggregated by offense, and the race, gender, and age of defendants.

To ensure people being released from the Department of Correction’s custody obtain funds that are rightfully theirs, another piece of legislation would require the Department to help them in the process of receiving their unused commissary funds and ensure that any person with unused funds is immediately given up to $200 in commissary funds in cash upon request. Reports indicate the Department of Correction has as much as $3.7 million dollars of unclaimed commissary funds belonging to people who have been discharged from correctional facilities, because many people who are in the Department’s custody are unaware that they have money left in their commissary accounts. This bill would require the Department to make reasonable efforts to return unused commissary funds to formerly incarcerated individuals and to establish a plan for raising awareness regarding obtaining commissary funds. It would also require a yearly report on the outstanding commissary funds and the attempts made to return such funds.

The Council will also vote on a bill to establish an Office of Not-for-Profit Organization Services. This new office would be responsible for assisting and being a resource for the many not-for-profit organizations that deliver critical services throughout New York City.

To limit fees associated with vacating a premises, the Council will vote on legislation to expand the tenant protections offered by the Housing Stability and Tenant Protection Act of 2019 (HSTPA), in which the State passed legislation that, in part, limited the damages associated with vacating a residence before the end of a lease term. Specifically, the HSTPA imposed a duty on landlords to mitigate damages attributed to lost rent in these circumstances. However, this duty to mitigate does not limit fees and penalties that a landlord may seek to collect related to preparing a residence for re-rental. This bill before the Council today would limit the fees that a landlord can recover when a tenant vacates a residence before the end of the lease to the fair market costs necessary to prepare the residence for re-rental. When seeking these costs, the landlord would be required to provide an itemized list to the tenant that demonstrates the calculation of these costs.

Because the City has experienced an explosion in the number of “last-mile” truck delivery trips with an increasing embrace of e-commerce, the Council will vote on legislation to create micro-distribution centers. Many streets were not designed to accommodate a constant flow of commercial and residential deliveries, which has led to congestion and emissions from double-parked or circling trucks and blocked sidewalks and roadways filled with packages as they are staged for delivery. This bill would encourage the creation of micro-distribution centers, with dedicated space for delivery companies or small businesses to stage package deliveries, allowing them to offload packages from trucks for transfer to sustainable modes of last-mile delivery such as bikes or hand trucks without blocking important sidewalk space or double-parking. It would require the Department of Transportation to issue a request for expressions of interest from entities interested in facilitating, operating, or using micro-distribution centers and to seek feedback on potential challenges and opportunities. Before December 31, 2022, DOT would be required to report their findings and make recommendations to the Council and the Mayor as to how the City can encourage and facilitate these micro-distribution centers, resulting in DOT establishing a micro-distribution center pilot program.

Relatedly, the Council will also vote on two additional pieces of legislation pertaining to loading zones. One bill would reform existing laws governing truck loading zones and codify new curb management practices, requiring that all permits of 180 days or more for a street segment with a truck loading zone carry a stipulation that such zone may not be occupied or obstructed. In the event that permitted work necessitates a loading zone obstruction, the Department of Transportation may require that the applicant maintain a temporary loading zone and revoke a permit or refuse to renew a permit for non-compliance. The bill would also amend the Administrative Code to prohibit the use of city-issued parking placards in certain spaces in the central business district of Manhattan, including truck-loading zones. Further, the bill would codify new and existing regulations for truck loading zones and commercial parking meter areas, including those related to how such spaces are metered or reserved and the lengths of time that they may be occupied. Finally, the bill would allow DOT to authorize cargo bicycles or other sustainable modes to use loading zones and to create reduced rates for zero emission vehicles.

The other bill related to loading zones would increase the number of loading zones in neighborhoods citywide to address the lack of such space and decrease the negative impacts on neighborhoods. The bill would require the Department of Transportation to establish a public-facing methodology for determining where loading zones are necessary to enhance safety and reduce congestion and they would be required to implement at least five loading zones annually in each neighborhood tabulation area that meets the methodology, and to immediately implement at least 500 total loading zones per year in the first three years following the law’s effective date.

To streamline paid parking procedures in New York City, another piece of legislation before the Council today would authorize the use of pay-by-plate parking meters in addition to the pay-and-display parking meters we already have. Pay-by-plate parking meters would require a person to enter a vehicle’s license plate to register payment for parking and would be capable of tracking that payment by the vehicle’s license plate, rather than by paper receipt. The pay-by-plate parking system has been used successfully for many years in other cities and would streamline the process by which motorists pay for parking. It would also be easier for enforcement purposes, help with addressing placard abuse, and lead to less paper waste.

The Council will also vote to require labor peace agreements for certain City economic development projects. No later than 90 days after the operational commencement date, a covered employer of a retail or food establishment or distribution center is located on property within the City that has been improved or developed using city financial assistance shall either submit an attestation that the covered employer has entered into or is negotiating one or more labor peace agreements, or submit an attestation that the employees are not currently represented by a labor organization and that no labor organization has sought to represent such covered employees.

Another bill would require the Departments of Health and Mental Hygiene, Sanitation, Environmental Protection, and Consumer Affairs and Worker Protection to equip their inspectors with devices capable of issuing warnings in lieu of citations for first-time infractions. This bill would ensure that, in cases where the Administrative Code provides for warnings for first-time violations, inspectors are able to issue those warnings in the manner provided by law.

To build on the City Canvas pilot program of 2018 that allowed the installation of artwork on certain temporary protective structures, legislation before the Council today would expand the breadth of properties that would be eligible to participate, allow for pre-approved artwork property owners can choose from, and make the program permanent. In addition to allowing for property owners to seek out local artists for custom artwork at their sites, this bill would also require the Department of Cultural Affairs to work with not-for-profit organizations to solicit submissions of artwork that would serve as “template” artwork for display. In this way, property owners could choose from template artwork without having to go through the process of finding an artist to create custom artwork. This bill would also require the Department of Cultural Affairs to disseminate information about the program to certain public entities and City agencies to better solicit potential works of art from members of the public who receive services from those entities or agencies. This bill requires all properties with a temporary protective structure to participate, but property owners who wish to opt out of participation in the program would be able to do so when applying for a permit for the temporary protective structure, excluding the first 100 capitally funded or City-owned properties in each two-year period.

The Council’s last piece of legislation on the agenda would permit Zambonis designed for operation using more than one propane canister to operate using two, amending the Fire Code to better reflect manufacturer designs.

Finally, the Council will vote on several land use and finance items.

GENERAL WELFARE

Expands CityFHEPS eligibility

Int. No. 2405-A, sponsored by Council Member Stephen Levin, will allow youth who have spent time in runaway and homeless youth services funded by the Department of Youth and Community Development to be eligible for CityFHEPS rental assistance vouchers.

Any 90 days of the previous two years spent in these services would count as time spent in shelter for purposes of determining eligibility for the vouchers.

Int. No. 148-A, sponsored by Council Member Levin, will allow youth who have spent time in foster care to be eligible for CityFHEPS rental assistance vouchers.

Any 90 days of the previous two years spent in foster care would count as time spent in shelter for purposes of determining eligibility for the vouchers.

Creates a Task Force regarding transportation of students in temporary housing

Int. No. 150-A, sponsored by Council Member Levin will require the creation of a task force regarding the transportation of students in temporary housing. In school year 2019-20, 97,943 Department of Education students experienced homelessness, representing 9.4 percent of the city’s entire public school student population.

Pursuant to the McKinney-Vento Act, homeless students have the right to transportation to and from school. Although the Department of Education (DOE) offers various transportation options to students in temporary housing, including MetroCards and yellow bus service, transportation remains a significant area of concern.

In particular, yellow bus service is not provided to students while their families are in the conditional approval period, which advocates say for most families lasts three to five weeks.

Although MetroCards are available while bus service is being coordinated, families are required to return to borough offices each week to receive a new card. Out of the 101,174 students in temporary housing in the 2018-2019 school year, 92,486 were eligible to receive MetroCards and 17,224 were assigned busing.

The task force will issue a report assessing barriers to arranging transportation for students in temporary housing and recommendations for addressing those barriers.

The task force will also report on any recommendations that are implemented 12 and 24 months after its submission of the initial report. In addition, the task force will terminate upon the publication of the report issued 24 months after submission of the initial report.

EDUCATION

Reporting on school-based health centers

Int. No. 139-A, sponsored by Council Member Levin, will require the Department of Education to disaggregate its annual report on school-based health centers, common student illnesses, and health screenings by student housing status for students in kindergarten through grade eight. This new level of disaggregation will assist the Council in identifying unique or acute health challenges faced by such students who reside in temporary housing.

TRANSPORTATION

Increases loading zones

Int. No. 2279-A, sponsored by Council Member Antonio Reynoso, will increase the number of loading zones in neighborhoods citywide. Additionally, the bill will require the Department of Transportation to establish a public-facing methodology for determining where loading zones are necessary to enhance safety and reduce congestion.

While the uses of the City’s streets – for transportation, commerce and recreation – have undergone many recent changes, curb space dedicated to the loading and unloading of personal, commercial and for-hire vehicles remains limited.

“I am proud to have passed Intro 2279 today, a bill to expand loading zones across New York City,” said Council Member Antonio Reynoso. “This legislation will require the Department of Transportation to ramp up the creation of loading zones in neighborhoods across the city. Most New Yorkers receive deliveries, and we need a way to get them to folks more efficiently. Loading zones will help do this, all while making our streets safer, reducing congestion, and restoring our streets as the common good they are.”

The lack of such space can have significant negative impacts on neighborhoods through the effects of traffic congestion, harmful emissions, and safety hazards.

Among other factors, the methodology must consider commercial and residential density, and requests from elected officials and the public.

DOT would be required to implement at least five loading zones annually in each neighborhood tabulation area that meets the methodology, and to immediately implement at least 500 total loading zones per year in the first three years following the law’s effective date

By January 1, 2023, the department would also be required to report on the program and provide publicly accessible information on the location of all loading zones.

Codifies new curb management practices

Int. No. 2277-A, sponsored by Council Member Keith Powers, will reform existing laws governing truck loading zones and codify new curb management practices.

Truck loading zones are an effective solution to the problems of double-parking and blocked sidewalks that often occur when trucking companies drop off commercial deliveries, small businesses make service calls, and workers unload tools or materials in heavily utilized public spaces.

However, truck loading zones are only usable if they are well-regulated, and not blocked by unauthorized vehicles or construction activity.

“For too long, commercial trucks have done their business on public streets without paying their fair share,” said Council Member Keith Powers. “My bill, Int. 2277, will ensure that commercial trucks cannot unnecessarily hover and take up room on the street, while decreasing congestion and truck emissions. I’m proud to be working to make our streets cleaner, safer, and less crowded with vehicles, and thank Speaker Johnson for his support.“

The bill will require that all permits of 180 days or more for a street segment with a truck loading zone carry a stipulation that such zone may not be occupied or obstructed. In the event that permitted work necessitates a loading zone obstruction, DOT may require that the applicant maintain a temporary loading zone,  and revoke a permit or refuse to renew a permit for non-compliance.

The bill would also amend the Administrative Code to prohibit the use of city-issued parking placards in certain spaces in the central business district of Manhattan, including truck-loading zones.

Further, the bill would codify new and existing regulations for truck loading zones and commercial parking meter areas, including those related to how such spaces are metered or reserved and the lengths of time that they may be occupied.

Finally, the bill would allow DOT to authorize cargo bicycles or other sustainable modes to use loading zones and to create reduced rates for zero emission vehicles.

Creates micro-distribution centers

Int. No. 2253-A, sponsored by Speaker Corey Johnson, will support the creation of micro-distribution centers. The bill would require the Department of Transportation to issue a request for expressions of interest from entities interested in facilitating, operating or using micro-distribution centers and to seek feedback on potential challenges and opportunities. Before December 31, 2022, DOT will be required to report on the expressions of interest, and the feedback received, and make recommendations to the Council and the Mayor as to how the City can encourage and facilitate micro-distribution centers.

Following the release of the report, DOT would be required to establish a micro-distribution center pilot program.

The City has experienced an explosion in the number of “last-mile” truck delivery trips as consumers increasingly embrace e-commerce, a trend that has accelerated during the pandemic.

Many streets were not designed to accommodate a constant flow of commercial and residential deliveries. This has led to congestion and emissions from double-parked or circling trucks, and blocked sidewalks and roadways filled with packages as they are staged for delivery.

Micro-distribution centers address this problem through the creation of dedicated space for delivery companies or small businesses to stage package deliveries, allowing them to offload packages from trucks for transfer to sustainable modes of last-mile delivery such as bikes or hand trucks without blocking important sidewalk space or double-parking.

Authorizes pay-per-plate parking meters

Int. No. 2422-A, sponsored Council Member Ydanis Rodriguez, will authorize the use of pay-by-plate parking meters in addition to pay-and-display parking meters.

Parking meters currently used throughout the City are ‘pay-and-display’ meters that dispense a paper receipt that must be displayed on a vehicle’s dashboard, or in a visible and secure location on a motorcycle.

In contrast, ‘pay-by-plate’ parking meters require someone who wishes to park in a metered location to enter their vehicle or motorcycle’s license plate information to register payment for parking.  The Department of Transportation would be able to track payment by the vehicle’s license plate instead of by a paper receipt.

The pay-by-plate parking system has been used successfully for many years in other cities, and would streamline the process by which motorists pay for parking.

Additionally, the pay-by-plate parking system would be easier for enforcement purposes and would help with addressing placard abuse. It would also lead to less paper waste because paper receipts are not printed.

Before DOT makes changes to the parking meter rates or replaces a pay-and-display parking meter with a pay-by-plate parking meter, DOT would provide 30-days written notice to the Council Member and Community Board in whose district such change would occur and post such change on the DOT’s website.

Additionally, parking time will only be authorized on the blockface, or street section, for which it was purchased and could not be transferred between blockfaces.

CIVIL SERVICE AND LABOR

Int. No. 2456, sponsored by Speaker Johnson, will require that no later than 90 days after the operational commencement date, a covered employer of a retail or food establishment or distribution center located on property within the city that has been improved or developed using city financial assistance shall either: (a) submit an attestation that the covered employer has entered into or is negotiating one or more labor peace agreements or (b) submit an attestation to the city or city economic development entity stating that the covered employer’s covered employees are not currently represented by a labor organization and that no labor organization has sought to represent such covered employees.

“When City dollars subsidize the development of retail stores and food establishments, New Yorkers who work there should be free to join a union and never face union-busting.,” said Speaker Corey Johnson. “Labor peace and this law will help ensure that happens,” said City Council Speaker Corey Johnson. “New York City is and always will be a union town, because unions protect workers’ rights and help create a stronger economy for all of us. I was proud to sponsor this bill in the Council, and I hope it will be swiftly signed into law.”

PUBLIC SAFETY

Requires annual reports from District Attorneys

Int. No. 1392-A, sponsored by Speaker Johnson, will require the City’s District Attorney’s offices to report annually on the basic functioning of their offices.

These annual reports, which will be posted publicly, will require each office to release data points related to decision making at various stages of a criminal case; such as, data on decisions to prosecute or dismiss a case following arrest, bail recommendations, and average length of a case before a disposition.

The report also requires the numbers to be disaggregated by offense, and the race, gender and age of the defendant.

Currently, there are no requirements that the City’s District Attorneys conduct any public reporting on office function.

Although some local District Attorneys issue periodic reports, there is no uniformity in such reporting and very little data is publicly released regarding prosecutorial conduct.

As a result, there is significant lack of transparency regarding prosecutorial decision making in a manner that limits effective oversight of the District Attorneys and hinders public trust in the criminal justice process.

CRIMINAL JUSTICE

Provides unused commissary funds

Int. No. 903-A, sponsored by Council Member Adrienne Adams, will require the Department of Correction to assist people being released in the process of receiving unused commissary funds and ensure that any person with unused commissary funds is immediately given up to $200 in commissary funds in cash upon request.

 “Returning unclaimed commissary funds to formerly incarcerated individuals who are returning home will help them get back on their feet,” said Council Member Adrienne Adams. “Intro. 903-A will have an immediate impact on those who are discharged, and will ensure greater transparency on attempts to return outstanding funds. I look forward to seeing the impact of this important legislation.”

The Department of Correction reportedly has up to $3.7 million dollars of unclaimed commissary funds belonging to people who have been discharged from correctional facilities.

This money has accumulated over many years, and many people who are in the Department’s custody are unaware that they have money left in their commissary accounts.

The bill will also require the Department to make reasonable efforts to return unused commissary funds to formerly incarcerated individuals and to establish a plan for raising awareness regarding obtaining commissary funds. Additionally, the bill requires a yearly report on the outstanding commissary funds and the attempts made to return such funds.

CONSUMER AFFAIRS AND BUSINESS LICENSING

Provides paid leave for COVID-19 vaccination

Int. No. 2448-A, sponsored by Council Member Vanessa Gibson, will amend the City’s Earned Safe and Sick Time Act. Under the bill, an employee who is a parent or legal guardian of a child will be entitled to four hours of paid leave to accompany their child to receive a COVID-19 vaccine, or to care for a child who has temporary side effects from the vaccine. The time can be taken for each vaccine injection for each child, in addition to any leave parents are already entitled to under the Earned Safe and Sick Time Act.

“As we continue the fight against COVID-19 in our city, it is important that we continue to encourage all New Yorkers to get vaccinated and to ensure that every New Yorker, regardless of their age, has equitable access to potentially life-saving medicine. Healthcare and access to medicine is a fundamental right,” said Council Member Vanessa Gibson. “During the onset of the pandemic, as a legislative body, we acknowledged that individuals and their families deserved to seek health care without being penalized by their employers and passed new amendments to the NYC Paid Safe and Sick Leave Law.  Intro 2448 would expand the City’s Earned Safe and Sick Time Act again by including paid leave for any employee who is a parent or legal guardian accompanying their child to receive a COVID-19 vaccination or care for a child with COVID-19 vaccine side effects. Not only is this important to keep our children and adolescents safe from the virus, but it will also ensure that no one has to choose between a paycheck and what is best for their family’s health. I want to thank Speaker Corey Johnson and my colleagues for their support of this bill and for supporting families throughout our city.

Employees who take the leave time will be compensated at the payday for the employee’s next regular payroll period, at the employee’s regular rate of pay. An employer can require that within seven days after use, an employee provide documentation that their child was vaccinated.

GOVERNMENTAL OPERATIONS

Establishes the Office of Not-for-Profit Organization Services

Int. No. 1784-A, sponsored by Council Member Farah Louis, will require the Mayor to establish a new Office of Not-for-Profit Organization Services. New York City partners with thousands of not-for-profits that deliver critical services to communities throughout the five boroughs. Many of these organizations rely heavily on city funding and other city-provided resources in order to fulfill their missions. Although the City provides various forms of support and guidance to its not-for-profit partners, many organizations continue to face challenges when interacting with the City.

“Not-for-profit organizations across this city provide an incredible scope of services each and every day, and in many cases, are the lifeblood of immigrant, Black and Brown communities in this city. One of the challenges that many nonprofit organizations face is balancing their day-to-day operations while keeping pace with the needs of New Yorkers during their time of need, which increased exponentially during the COVID-19 pandemic. As a City, we recognize that running a nonprofit organization is never easy and it can be difficult to navigate the checks and balances in place throughout City government. My bill, Intro 1784, is intended to provide nonprofit organizations with a liaison that can help streamline the budgeting process from allocation to disbursement while bridging the communication and information gap between City agencies and the organizations working on the ground. By establishing an Office of Not-for-Profit Organization Services within the Mayor’s Office, we are dedicating resources exclusively to provide the support nonprofits need to focus on providing transformative services and not be bogged down by figuring out the intricacies of City government,” said Council Member Farah N. Louis.

The new Office of Not-for-Profit Organization Services would help address these challenges. The Office would serve as a liaison for not-for-profits—helping them navigate city policies, procedures and regulations, and connecting them with various city resources. It would also advise city agencies on measures to improve their programs and processes to better support the not-for-profit sector. In addition, the Office Not-for-Profit Organization Services would establish a number of standing advisory committees–comprised of not-for-profit leaders and representatives from city agencies–to help identify challenges facing the not-for-profit community and devise effective solutions to those challenges.

The Office of Not-for-Profit Organization services would be required to submit an annual report to the Mayor and the Speaker of the Council. The first report would be due 12 months after Int. No. 1784-A goes into effect.

Requires city agencies to issue warnings

Int. No. 167-B, sponsored by Council Member Alan Maisel, will require some city agencies to be capable of issuing warnings for first-time violations.

Recognizing the difficulty that many small businesses have in complying with the myriad laws and regulations that apply to them, certain Administrative Code provisions permit the enforcing city agency to issue a written warning in lieu of a citation for a first-time infraction. Agency inspectors are not always able to issue such warnings, however, because they lack the equipment necessary to determine whether a violation observed in the field is a first, second, third or subsequent violation.

“I am pleased to sponsor Intro. 167-B which will require specified city agencies to issue warnings. Very often, minor infractions can be resolved quickly and without the need for hefty fines and repetitive violations. This common-sense law is designed to ease the burden on New York city’s small businesses,” stated Council Member Alan Maisel.

Introduction Number 167-B would fix this problem. The bill would require the Departments of Health and Mental Hygiene, Sanitation, Environmental Protection, and Consumer Affairs and Worker Protection to equip their inspectors with devices capable of:

·      determining whether a violation observed in the field is a first-time violation; and

·      issuing a warning for such violation, if permitted by law.

This bill would ensure that, in cases where the Administrative Code provides for warnings for first-time violations, inspectors are able to issue those warnings in the manner provided for by the Administrative Code. 

HOUSING AND BUILDINGS

Displays artwork in temporary protective structures at construction sites

Int. No. 1635-A, sponsored by Majority Leader, Laurie Cumbo, seeks to build on the City Canvas pilot program. In 2018, the Department of Cultural Affairs, in collaboration with the Department of Buildings, announced the launch of a pilot initiative called “City Canvas,” allowing the installation of artwork on certain temporary protective structures, such as sidewalk sheds, construction fences, and supported scaffolds.

The goals of the pilot program were to beautify the City’s landscape, and to highlight the work of cultural organizations and artists. The program enables developers or property owners to partner with a third-party not-for-profit organization to find an artist who would then create art to be displayed on the temporary protective structure at that property. Recently, the Department of Cultural Affairs extended the two-year pilot program through August 2023.

Subject to appropriations, the bill will expand the breadth of properties that would be eligible to participate, allow for pre-approved artwork property owners can choose from, and make the program permanent. In addition to allowing for property owners to seek out local artists for custom artwork at their sites, this bill would also require DCLA to work with not-for-profit organizations to solicit submissions of artwork that would serve as “template” artwork for display. In this way, property owners could choose from template artwork without having to go through the process of finding an artist to create custom artwork.

This bill will also require the Department of Cultural Affairs to disseminate information about the program to certain public entities and City agencies, for the purpose of soliciting potential works of art from members of the public who receive services from those entities or agencies.

This bill requires all properties with a temporary protective structure to participate. However, property owners who wish to opt out of participation in the program would be able to do so when applying for a permit for the temporary protective structure, with the exception of the first 100 capitally- funded or City-owned properties in each two-year period.

Limits fees from landlord to tenants

Int. No. 2312-A, sponsored by Council Member Kevin Riley, will limit the fees that a landlord can recover when a tenant vacates a residence prior to the end of the lease term to the fair market costs necessary to prepare the residence for rental.

“Int. 2312 calls to ensure all New York families are supported while ongoing hardships due to the COVID-19 pandemic,” said Council Member Kevin C. Riley. “Bringing us one step closer to renter’s relief, this legislation protects tenants from unwarranted fees by the landlord where a tenant must vacate a premise in violation of the terms of a lease. However, it also provides assistance to small landlords who help provide housing for New Yorkers, ensuring that they are able to maintain their property reasonably. It is my hope that my colleagues will stand with me on this legislation, which promotes fair rental agreements between tenants and landlords, as it is called to vote today.”

When seeking these costs, the landlord would also be required to provide an itemized list to the tenant that demonstrates the calculation of these costs.

When a tenant vacates a residence before the end of a lease term, the landlord is required to take “reasonable and customary actions” to rent this residence to a new tenant.

When the residence is rented to a new tenant, the previous tenant’s lease ends, and damages associated with vacating the residence in violation of the lease are mitigated.

While this duty to mitigate damages is helpful for limiting damages related to lost rent, it does not address other fees that may be imposed when a tenant vacates a residence in violation of lease terms, such as penalties for breaking a lease. This duty to mitigate further does not limit fees that a landlord may seek to collect related to preparing a residence for re-rental.

FIRE AND EMERGECY MANAGEMENT

Regulates machines to resurface ice

Int. No. 1891-A, sponsored by Council Member Joseph Borelli, will permit Zambonis designed for operation using more than one propane canister to operating using two such canisters.

This will align Zambonis, machines used to resurface ice, are regulated by Fire Code provisions for “powered industrial trucks” that limit operation of such machines to one canister of propane or other flammable gas, with the Fire Code.

FINANCE

The Council will vote on the following finance items:

A transparency resolution, and a preconsidered resolution setting the date and time for a public hearing on the proposed assessment increases for the Lower East Side and Hudson Yard BIDs.

And also on two Article 11 property tax exemptions. 

15 Stratford in Council Member Mathiue Eugene’s district that will receive a partial 40-year exemption to preserve 20 units of affordable housing.

1018 East 163rd Street in Council Member Rafael Salamanca’s district which will receive a partial 40-year exemption to preserve 97 units of affordable housing.

LAND USE

Introduction number 1487-A, sponsored by Council Member Francisco Moya, will require the Department of City Planning to conduct a retrospective statistical analysis of all major land use actions approved since 2009 and to report to the mayor and the Council on changes in the population and housing affordability in the project areas.

These reports will provide the opportunity for oversight and accountability to better inform planning outcomes long into the future.

New York City is a constantly changing landscape of new construction and new concepts in urban planning. 

The history of this change is marked by large land use actions that have implemented well-intentioned land use policies with obvious unintended consequences.

New York Blood Center – New York Blood Center (NYBC), seeks a zoning map amendment from R8B to C2-7 on the development site and from C1-9 to C2-8 adjacent to the development site on both sides of Second Avenue to a depth of 100 feet, a zoning text amendment to allow scientific research and development facilities in C2-7 districts, allow related use and bulk modifications, and to designate a Mandatory Inclusionary Housing (MIH) area. In addition, a special permit to allow a scientific research and development facility as a commercial use, to allow the floor area ratio regulations to apply to the scientific research and development facility use, to modify height and setback and required yard equivalents regulations, and to modify signage regulations. These actions would facilitate the development of a new life sciences research and development building on the 45,187 square-foot site of NYBC’s current 4-story building, which would be demolished. The proposed building would both serve NYBC’s research program and life sciences companies, as well as adjacent research institutions. It would contain both commercial and community facility space. Council will modify this application in Council Members Ben Kallos and Keith Powers’ districts.

Las Raices – New York City Department of Housing Preservation & Development (HPD) seeks a disposition of City-owned land to facilitate the development of four new affordable rental buildings with approximately 81 affordable dwelling units, in Council Members Diana Ayala and Bill Perkins’ districts.

343 Madison Avenue/MTA HQ – BP 347 Madison Associates, LLC, and the Metropolitan Transportation Authority (MTA), seek special permits to facilitate the development of a new, approximately 750,000 square foot commercial development with ground-floor retail, on the east side of Madison Avenue between East 44th and East 45th Streets, in the Vanderbilt Corridor, and the provision of on and off-site public realm improvements. The Council will modify this application in Council Member Keith Powers’ district.

WIN Powers – New York City Department of Housing Preservation and Development (HPD) requests the designation of an Urban Development Action Area, and approval of an Urban Development Action Area Project (UDAAP); disposition of City-owned land to a developer to be selected by HPD; and a special permit to allow an increase in permitted floor area ratio. These actions will facilitate the redevelopment of 346 Powers Avenue with two new buildings to include a permanent supportive housing facility with 221 units for families with children and a 95 unit homeless shelter, in Council Member Diana Ayala’s district.

Gowanus Neighborhood Plan – NYC Dept. of City Planning (DCP), NYC Dept. Housing Preservation and Development (HPD), NYC Department of Parks and Recreation (NYC Parks), and NYC Department of Citywide Administrative Services (DCAS)  seek approval of: the rezoning of all or portions of existing R6, R6B, R8A, C8-2, M1-1, M1-2, M2-1, and M3-1 zoning districts with R6A, R6B, M1-4/R6A, M1-4/R6B, M1-4/R7-2, M1-4/R7A, M1-4/R7X, C4-4D, and M1-4 zoning districts; the elimination of existing C2-4 overlays along 4th Avenue and replace with a C4-4D district within the Special Gowanus Mixed-Use District (GSD) ; a zoning text amendment to establish the GSD, Gowanus Waterfront Access Plan, establish a Mandatory Inclusionary Housing (MIH) area, and replace the Enhanced Commercial District (EC-1) within the rezoning area; the designation of an Urban Development Action Area, and approval of an Urban Development Action Area Project (UDAAP) and disposition approval to facilitate the Gowanus Green development; disposition of City-owned land located at 276 4th Avenue (Block 456, Lot 29) to facilitate the sale of approximately 51,000 square feet of development rights from an MTA Substation; the de‐mapping of 7th Street between Smith Street and Gowanus Canal; the establishment of Hoyt Street between 5th Street and Gowanus Canal and Luquer and Nelson streets between Smith Street and Gowanus Canal; the elimination of a Public Place designation; the acquisition and mapping of parkland. The Plan will transform Gowanus into a dynamic mixed-use, mixed-income neighborhood with approximately 8,495 new housing units, including nearly 3,000 affordable units, 1.5 acres of new parkland and 4 acres of new waterfront open space. A comprehensive package of additional capital and policy commitments is included as part of this plan, including an unprecedented City investment to fund complete in-unit renovations of all 1,662 NYCHA apartments at Gowanus Houses and Wyckoff Gardens. The Council will modify this application in Council Members Brad Lander and Stephen Levin’s districts.

Mercy Home – NYC Department of Housing Preservation and Development (HPD) seeks the approval of an Urban Development Action Area Project (UDAAP) amendment to facilitate an affordable housing development for 43 units at the Mercy Home site located at 485-487 4th Avenue, (Block 1028, Lot 7) in Council Member Brad Lander’s district.

Gowanus Canal CSO Facility (Gowanus CSO-Douglass St. Demapping) – New York City Department of Environmental Protection, seeks a proposed change to the City Map to eliminate a mapped but unbuilt portion of Douglass Street in order to facilitate the construction of the “Head End Facility” as part of the larger project to construct combined sewer overflow (CSO) control facilities to reduce the volume of untreated CSO entering the Gowanus Canal. The proposed Head End Facility includes three properties totaling roughly 3.6 acres between Nevins Street and the Gowanus Canal, in Council Member Stephen Levin’s district.

Gowanus Canal CSO Facility (Gowanus Owls Head CSO Tank Siting) – NYC Department of Environmental Protection, Department of Sanitation, and Department of Citywide Administrative Services the site selection of city-owned property at 2 2nd Avenue, the site selection and acquisition of four privately-owned parcels at 110 5th Street, 22 2nd Avenue, and other adjacent portions of 5th Street, and an amendment to the City Map to eliminate 5th Street between 2nd Avenue and the Gowanus Canal in order to facilitate the development of a combined sewer overflow (CSO) control  facility, DSNY salt shed and equipment storage, and environmental education space, in Council Member Brad Lander’s district.

Copper Park Commons – NYC Department of Housing Preservation and Development (HPD) and Maspeth Manager LLC, seek approval of: a proposed zoning map amendment from R6 to R7-2/C2-4; a zoning text amendment to designate a Mandatory Inclusionary Housing Area in Appendix F of the Zoning Resolution; a Large Scale General Development (LSGD) Special Permit to modify height, setback, and distance between buildings regulations; an Urban Development Action Area designation, an Urban Development Action Area Project (UDAAP) for such area, and disposition of city-owned property in such area; and a disposition of city-owned property to modify a specified community facility use approved in a prior ULURP application. These actions will facilitate the redevelopment of the 4.5-acre former Greenpoint Hospital campus in East Williamsburg into a two-building mixed-use complex with 553 units of affordable and senior housing. The Council will modify this application in Council Member Antonio Reynoso’s district.

824 Metropolitan Avenue – 824 Metropolitan Avenue Owner LLC, seeks the rezoning from C8-2 and R6B zoning districts to R7A/C2-4 and R6B/C2-4 zoning districts and related zoning text amendment to Appendix F of the Zoning Resolution to designate a Mandatory Inclusionary Housing Area (Options 1 and 2 proposed) for property at 808-824 Metropolitan Avenue at the intersection of Metropolitan and Bushwick Avenues in East Williamsburg, Brooklyn. These actions will facilitate the development of an eight-story building with 36 housing units, 11 of them affordable. The Council will modify this application, in Council Member Antonio Reynoso’sdistrict.

Glenmore Manor – NYC Department of Housing Preservation and Development (HPD) seeks approval of: a proposed zoning map amendment changing an R6 District to R7D and R7D/C2-4 District; a zoning text amendment to designate a Mandatory Inclusionary Housing Area in Appendix F of the Zoning Resolution; the designation of an Urban Development Action Area, an Urban Development Action Area Project (UDAAP) for such area, the disposition of city-owned property; and amendment to the Brownsville II Urban Renewal Plan to change the designation of Site 111B from public/institutional use to residential use. These actions will facilitate a new 11-story mixed use building with 232 units of affordable housing. The Council will modify this application in Council Member Darma Diaz’sdistrict.

1045 Atlantic Avenue – Atlantic Brooklyn LLC seek a proposed zoning map amendment to rezone an approximately 44,000 square foot portion of Brooklyn Block 2020 (between Classon and Franklin Avenues) from M1-1 to C6-3A and related zoning text amendments to designate a Mandatory Inclusionary Housing Area (MIH Option 2 and the Workforce Option proposed) and to facilitate a sidewalk widening on Atlantic Avenue. These actions would facilitate the development a new 17-story, mixed-use building with approximately 426 housing units of housing, 126 affordable. The Council will modify the application in Council Member Robert Cornegy’s district.

185-17 Hillside Avenue Rezoning – 18517 Hillside LLC, requests approval of a proposed zoning map amendment to change the project area from R3X and R6A zoning districts to an R7A zoning district, establish within the R7A zoning district a C2-4 zoning district, and to extend the Special Downtown Jamaica District to be coterminous with the project area. The application also includes a proposed zoning text amendment to designate the project area as a Mandatory Inclusionary Housing Area (Options 1 and 2 proposed) and a text amendment to establish special bulk and parking regulations for R7A districts mapped within MIH Areas within the Special Downtown Jamaica District. The Council will modify this application in Council Member James Gennaro’s district.

###